2013 US Code
Title 18 - Crimes and Criminal Procedure
Part II - CRIMINAL PROCEDURE (§§ 3001 - 3771)
Chapter 227 - SENTENCES (§§ 3551 - 3586)
Subchapter B - PROBATION (§§ 3561 - 3566)
Section 3565 - Revocation of probation
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 227 - SENTENCES SUBCHAPTER B - PROBATION Sec. 3565 - Revocation of probation |
Contains | section 3565 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 98-473, title II, §212(a)(2), Oct. 12, 1984, 98 Stat. 1995; amended Pub. L. 100-690, title VI, §6214, title VII, §7303(a)(2), Nov. 18, 1988, 102 Stat. 4361, 4464; Pub. L. 101-647, title XXXV, §3585, Nov. 29, 1990, 104 Stat. 4930; Pub. L. 103-322, title XI, §110506, Sept. 13, 1994, 108 Stat. 2017; Pub. L. 107-273, div. B, title II, §2103(a), Nov. 2, 2002, 116 Stat. 1793. |
Statutes at Large References | 98 Stat. 1995 102 Stat. 4361 104 Stat. 4930 108 Stat. 2017 110 Stat. 1227 116 Stat. 1793 |
Public Law References | Public Law 98-473, Public Law 100-690, Public Law 101-647, Public Law 103-322, Public Law 104-132, Public Law 107-273 |
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(a)
(1) continue him on probation, with or without extending the term or modifying or enlarging the conditions; or
(2) revoke the sentence of probation and resentence the defendant under subchapter A.
(b)
(1) possesses a controlled substance in violation of the condition set forth in section 3563(a)(3);
(2) possesses a firearm, as such term is defined in section 921 of this title, in violation of Federal law, or otherwise violates a condition of probation prohibiting the defendant from possessing a firearm;
(3) refuses to comply with drug testing, thereby violating the condition imposed by section 3563(a)(4); 1 or
(4) as a part of drug testing, tests positive for illegal controlled substances more than 3 times over the course of 1 year;
the court shall revoke the sentence of probation and resentence the defendant under subchapter A to a sentence that includes a term of imprisonment.
(c)
(Added Pub. L. 98–473, title II, §212(a)(2), Oct. 12, 1984, 98 Stat. 1995; amended Pub. L. 100–690, title VI, §6214, title VII, §7303(a)(2), Nov. 18, 1988, 102 Stat. 4361, 4464; Pub. L. 101–647, title XXXV, §3585, Nov. 29, 1990, 104 Stat. 4930; Pub. L. 103–322, title XI, §110506, Sept. 13, 1994, 108 Stat. 2017; Pub. L. 107–273, div. B, title II, §2103(a), Nov. 2, 2002, 116 Stat. 1793.)
REFERENCES IN TEXTThe Federal Rules of Criminal Procedure, referred to in subsec. (a), are set out in the Appendix to this title.
Section 3563(a)(4), referred to in subsec. (b)(3), probably means the par. (4) of section 3563(a) added by section 20414(b)(3) of Pub. L. 103–322, which was renumbered par. (5) by Pub. L. 104–132, title II, §203(1)(C), Apr. 24, 1996, 110 Stat. 1227.
PRIOR PROVISIONSFor a prior section 3565, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3551 of this title.
AMENDMENTS2002—Subsec. (b)(4). Pub. L. 107–273 added par. (4).
1994—Subsec. (a). Pub. L. 103–322, §110506(a)(2), struck out concluding sentence which read as follows: "Notwithstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence."
Subsec. (a)(2). Pub. L. 103–322, §110506(a)(1), substituted "resentence the defendant under subchapter A" for "impose any other sentence that was available under subchapter A at the time of the initial sentencing".
Subsec. (b). Pub. L. 103–322, §110506(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:
"(b)
1990—Subsec. (a)(1). Pub. L. 101–647 substituted "or modifying" for "of modifying".
1988—Subsec. (a). Pub. L. 100–690, §7303(a)(2), inserted at end "Notwithstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence."
Subsecs. (b), (c). Pub. L. 100–690, §6214, added subsec. (b) and redesignated former subsec. (b) as (c).
EFFECTIVE DATE OF 1988 AMENDMENTAmendment by section 7303(a)(2) of Pub. L. 100–690 applicable with respect to persons whose probation, supervised release, or parole begins after Dec. 31, 1988, see section 7303(d) of Pub. L. 100–690, set out as a note under section 3563 of this title.
EFFECTIVE DATESection effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.
1 See References in Text note below.
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